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Full-Text Articles in Law

Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden Mar 2013

Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden

William & Mary Law Review

This Article critically examines the interrelationship between substantive copyright protections and the remedies available for infringement. Drawing from constitutional remedies scholarship and poststructural theories of performativity, it argues that a court’s awareness of the likely remedy award in a particular dispute —combined with its normative view of how future actors should address similar disputes—“reaches back” and shapes the determination of the parties’ respective rights.

Copyright scholars have long sought to limit the availability of injunctive relief, and several recent court decisions have adopted this reform. For example, in Salinger v. Colting the Second Circuit vacated a preliminary injunction against a …


Constitutional Remedies And Public Interest Balancing, John M. Greabe Mar 2013

Constitutional Remedies And Public Interest Balancing, John M. Greabe

William & Mary Bill of Rights Journal

The conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity. But it generally does not acknowledge that courts possess the same power with respect to the substitutionary remedies usually provided at law. The conventional account has things backwards when it comes to constitutional remedies. The modern Supreme Court frequently requires the withholding of substitutionary constitutional relief under doctrines developed to protect the perceived public interest. Yet it has treated specific relief to remedy ongoing or imminent invasions of rights as routine, at least when …


Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland Nov 2009

Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland

William & Mary Law Review

No abstract provided.


Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley Nov 2009

Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley

William & Mary Law Review

No abstract provided.


Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass Apr 2009

Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass

William & Mary Law Review

This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability and personal injury areas in recent years, they have at the same time increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, Congress has eliminated state tort law entirely in targeted areas without replacing it with corresponding federal remedies. The Supreme …


Killing And Cleaning In Combat: A Proposal To Extend The Foreign Claims Act To Compensate For Long-Term Environmental Damage, Mark D. Sameit Feb 2008

Killing And Cleaning In Combat: A Proposal To Extend The Foreign Claims Act To Compensate For Long-Term Environmental Damage, Mark D. Sameit

William & Mary Environmental Law and Policy Review

No abstract provided.


Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham Dec 2007

Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham

William & Mary Law Review

No abstract provided.


As If It Had Never Happened, Arthur Ripstein Apr 2007

As If It Had Never Happened, Arthur Ripstein

William & Mary Law Review

No abstract provided.


Contract As A Transfer Of Ownership, Peter Benson Apr 2007

Contract As A Transfer Of Ownership, Peter Benson

William & Mary Law Review

No abstract provided.


Statutory Inflation And Institutional Choice, Lawrence M. Solan Apr 2003

Statutory Inflation And Institutional Choice, Lawrence M. Solan

William & Mary Law Review

No abstract provided.


Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack Dec 2002

Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack

William & Mary Environmental Law and Policy Review

No abstract provided.


Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas Dec 2002

Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas

William & Mary Bill of Rights Journal

Using the context of Bush v. Gore as a vehicle for discussion, Professor Thomas examines the use and legitimacy of prophylactic remedies. In this Article, Professor Thomas advances the argument that the broad prophylactic remedy provided by the U.S. Supreme Court in Bush v. Gore may be viewed as contrary to the law of remedies in that it operated to negate, rather than enforce, legal rights. In particular, prophylactic remedies which are untailored and unachievable, as in Bush v. Gore, threaten the legitimacy of prophylaxis. Professor Thomas argues that the use of prophylactic remedies itself is not problematic, but concludes …


Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard Dec 2001

Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard

William & Mary Environmental Law and Policy Review

No abstract provided.


A Critique Of Burrow V. Arce, Charles Silver Dec 2001

A Critique Of Burrow V. Arce, Charles Silver

William & Mary Environmental Law and Policy Review

No abstract provided.


When Tribal Treaty Fishing Rights Become A Mere Opportunity To Dip One's Net Into The Water And Pull It Out Empty: The Case For Money Damages When Treaty-Reserved Fish Habitat Is Degraded, Brian J. Perron Apr 2001

When Tribal Treaty Fishing Rights Become A Mere Opportunity To Dip One's Net Into The Water And Pull It Out Empty: The Case For Money Damages When Treaty-Reserved Fish Habitat Is Degraded, Brian J. Perron

William & Mary Environmental Law and Policy Review

No abstract provided.


Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton May 2000

Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton

William & Mary Law Review

No abstract provided.


Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp Feb 2000

Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp

William & Mary Law Review

No abstract provided.


A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen Dec 1999

A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen

William & Mary Law Review

No abstract provided.


"Because The Constitution Requires It And Because Justice Demands It": Specific Speech Injunctive Relief For Title Vii Hostile Work Environment Claims, Cecilee Price-Huish Dec 1998

"Because The Constitution Requires It And Because Justice Demands It": Specific Speech Injunctive Relief For Title Vii Hostile Work Environment Claims, Cecilee Price-Huish

William & Mary Bill of Rights Journal

Abusive speech often is used effectively by harassers in the workplace to intimidate, terrorize, objectify, and humiliate their intended victims, thus helping to secure and maintain social inequality in the workforce, especially among racial and gender minority employees. Pursuant to the adoption of Title VII of the Civil Rights Act of 1964, the United States Supreme Court, in Meritor Savings Bank v. Vinson, interpreted the statute's anti-employment discrimination mandate as imposing liability for conduct or words in the workplace that have the purpose or effect of interfering with an employee's work performance or of creating an intimidating or hostile work …


The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna May 1998

The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna

William & Mary Law Review

No abstract provided.


Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson May 1997

Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson

William & Mary Law Review

No abstract provided.


A Landowner's Remedy Laid To Waste: State Preemption Of Private Nuisance Claims Against Regulated Pollution Sources, Kathleen Roth Jun 1996

A Landowner's Remedy Laid To Waste: State Preemption Of Private Nuisance Claims Against Regulated Pollution Sources, Kathleen Roth

William & Mary Environmental Law and Policy Review

No abstract provided.


Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah Apr 1996

Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah

William & Mary Law Review

No abstract provided.


Only "Innocent" Parties Need Apply: The Death Of Private Party Cost Recovery Actions Under Superfund?, Mark A. Stach Oct 1995

Only "Innocent" Parties Need Apply: The Death Of Private Party Cost Recovery Actions Under Superfund?, Mark A. Stach

William & Mary Environmental Law and Policy Review

No abstract provided.


The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas Feb 1995

The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas

William & Mary Law Review

No abstract provided.


Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch May 1994

Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch

William & Mary Law Review

No abstract provided.


Reconsidering Efficient Tort Rules For Personal Injury: The Case Of Single Activity Accidents, Jennifer H. Arlen Oct 1990

Reconsidering Efficient Tort Rules For Personal Injury: The Case Of Single Activity Accidents, Jennifer H. Arlen

William & Mary Law Review

No abstract provided.


Laying Hands On Religious Racketeers: Applying Civil Rico To Fraudulent Religious Solicitation, Jonathan Turley Apr 1988

Laying Hands On Religious Racketeers: Applying Civil Rico To Fraudulent Religious Solicitation, Jonathan Turley

William & Mary Law Review

No abstract provided.


Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper Apr 1983

Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper

William & Mary Law Review

No abstract provided.


Standing Of The Terminated Employee Under Section 4 Of The Clayton Act, Stephen J. Horvath Iii Feb 1983

Standing Of The Terminated Employee Under Section 4 Of The Clayton Act, Stephen J. Horvath Iii

William & Mary Law Review

No abstract provided.